Can we file case after getting Possession of Flat for Cost & late Penalty.

3 years ago

I am R a second buyer of a resale Flat of Mr V.
Flat is still under construction.
When I bought its cost was 31 lakhs as per builder.
29 Lakhs were already paid by V.
2 Lakhs were balance which was to pay by me (R) as last instalment at the time of possession.
Agreement Date was 31/08/2016 and last date of possession was 31/08/2018.

Now builder increased the cost of Unit by inserting charges as Meter cost 51000/- and Power Back up 55000 + GST = More than Rs.1,08,000/-
Builder not giving penalty for late possession saying that you (R) are a second buyer so you are not entitle for it for 2 years from purchase of this Unit. I bought on 31/10/2017 so he denied up to 31/10/2019. Only 4 months penalty from 01/11/19 to 29/02/20 he is ready to pay.
My Request:- If I paid whole amount whatever builder demanded because he is going to impose late payment penalty to me. Can I file case after getting the possession for increased cost & late possession penalty ? And what is period will be available with me to file case.